[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Proposed Rules]
[Pages 24418-24420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11006]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0296]
RIN 1625-AA11


Regulated Navigation Area; Lake Washington, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a permanent 
regulated navigation area for certain waters of Lake Washington. The 
regulated navigation area is intended to protect personnel and vessels 
from potential hazards created by excessive vessel wake prior to and 
following high traffic Seafair events. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 27, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0296 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Amy Hamilton, Sector 
Puget Sound Waterways Management, Coast Guard; telephone 206-217-6051, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard was notified by the Mercer Island Police Department 
of hazardous conditions associated with increased vessel and swimmer 
congestion after high traffic Seafair marine events, which can make 
routine navigation for persons and vessels unsafe. The Seafair event 
draws an extraordinary amount of boaters and persons to the waterway to 
observe several high traffic events, such as the Seafair Hydroplane 
Races and Seafair Air Shows. The wakes created by transiting vessels 
near the vicinity of vessels moored to the log boom during high traffic 
events pose a safety concern to vessels and swimmers in the area. Coast 
Guard action is needed to restrict vessel movement prior to and after 
Seafair events where significant marine traffic endanger the safety of 
swimmers and vessels proximate to the log boom.
    The purpose of this rulemaking is to ensure the safety of persons 
and vessels on the navigable waters of Lake Washington within the 
regulated navigation area from excessive vessel wake occurring prior to 
and after Seafair events. The Coast Guard is proposing this rulemaking 
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The District Commander is proposing to establish a regulated 
navigation area prior to and after Seafair activities, which usually 
occur during the last week of July and the first two weeks of August. 
The regulated navigation area would cover all navigable waters within 
Lake Washington south of the Interstate 90 floating Bridge and north of 
a line between Bailey Peninsula and Mercer Island. The duration of the 
regulated navigation area is intended to protect personnel and vessels 
in these navigable waters from excessive wake associated with vessels 
before and after high traffic Seafair events. Vessels transiting the 
area will be required to create minimum wake at speeds of less than 7 
miles per hour, unless a higher minimum speed is necessary to maintain 
bare steerageway. Enforcement periods for this rule will occur daily 
prior to and immediately following Seafair activities. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration and time-of-day of the regulated navigation area. 
Vessel traffic will be able to transit through the regulated navigation 
area, and the regulation will only impact a small designated area of 
Lake Washington for less than three days. Moreover, the Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the regulated navigation area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.

[[Page 24419]]

    While some owners or operators of vessels intending to transit the 
regulated navigation area may be small entities, for the reasons stated 
in section IV.A above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves a regulated navigation area 
enforced annually for a total of less than 3 days that would restrict 
vessel speed to a minimum wake of less than 7 miles per hour. Normally 
such actions are categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A preliminary Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.1341 to read as follows:


Sec.  165.1341   Regulated Navigation Area; Lake Washington; Seattle, 
WA.

    (a) Location. The following area is a regulated navigation area: 
All waters of Lake Washington south of the Interstate 90 Floating West 
Bound Bridge and north of the points between Bailey Peninsula at 
47[deg]33'14.4'' N, 122[deg]14'47.3'' and Mercer Island at 
47[deg]33'24.5'' N, 122[deg]13'52.5'' W.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard

[[Page 24420]]

coxswain, petty officer, or other officer operating a Coast Guard 
vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port Puget Sound (COTP) in the enforcement 
of the regulated navigation zone.
    (c) Regulations. All vessels and persons transiting the regulated 
navigation area described in paragraph (a) of this section must proceed 
at a speed which creates minimum wake, 7 miles per hour or less, unless 
a higher minimum speed is necessary to maintain bare steerageway.
    (d) Enforcement periods. This section will be enforced annually 
immediately before and after Seafair activities which usually occurs 
during the last week in July and the first two weeks of August. The 
event will be one week or less in duration and the specific dates and 
times of the enforcement periods will be published in a notice of 
enforcement in the Federal Register.

    Dated: May 21, 2019.
D.G. Throop,
 Commander, RADM, U.S. Coast Guard, Thirteenth Coast Guard District.
[FR Doc. 2019-11006 Filed 5-24-19; 8:45 am]
 BILLING CODE 9110-04-P